Bronx Construction Accident Lawyer
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If you get injured while working on a construction site, the consequences can be devastating. Construction workers have a multitude of issues to deal with in the aftermath of an accident, including:
- Increased medical expenses
- A loss of income
- Damage to your personal property
- The emotional impact of a life-changing injury or death
All of the above issues can prove traumatic for you and your family. The most important thing to do if you are injured in a construction accident is to make sure you get help—and that’s where a specialist construction accident law firm can help.
Here at Meirowitz & Wasserberg, we provide legal representation for the injured, their families, and their dependents in the Bronx. As experienced construction accident attorneys, we are skilled at seeking justice and compensation on behalf of our clients.
Common types of construction accidents
According to recent data from the NYC Department of Buildings (DOB), some of the most common types of construction accidents include:
- Slips, trips, and falls from hazardous working conditions
- Collapsed scaffolding and ladder falls
- Injuries from unsafe construction site materials
- Poorly maintained work equipment and machinery accidents
- Being caught in hazardous spaces
- Gas explosions and exposure to toxic materials
- Electrocutions or burning injuries
- Incidents related to other safety violations
Bronx Construction Accident Statistics
In a 2021 report from the New York Committee for Occupational Safety and Health (NYCOSH), the data showed how construction-related deaths were a much higher proportion of overall worker deaths in New York City (at 26%) in comparison to the rest of the U.S. in 2019, which stood at 19% in relation to all worker deaths.
Additionally, the Bureau of Labor Statistics published its 2019 fatality rates, which highlighted that the prevalence in construction was more than 4 times the overall rate of fatalities in all industries in New York City.
To learn more, you should take the time to read these NYC DOB statistics regarding construction accidents
Recent construction accidents in the Bronx
In the Bronx itself, 2021 saw 95 construction-related accidents, 96 construction-related injuries, and 3 construction-related fatalities—the Bronx shared the highest number of worker fatalities with Brooklyn last year.
Click here to see some recent examples of construction accidents in the Bronx area, as reported to the NYC DOB under the Local Law 78.
Steps To Take After An Accident at a Construction Site
If you find yourself injured while on the job at a construction site, there are a few key steps you must remember to ensure you have access to the help you need for a smooth recovery process.
Here are some vital steps you’ll need to follow after a construction site accident:
- Seek Immediate Medical Attention—whether you head to the Montefiore Medical Center, Jacobi Medical Center, or Lincoln Hospital, make sure you get treated by an authorized medical professional ASAP.
- Report the Accident—you must notify your employer within 30 days of your injury. Otherwise, you may lose your right to any workers’ compensation benefits. Make sure you keep a record of your employer’s responses and any actions taken.
- Gather Contact Information—if there were witnesses to your accident, clarify the details of the incident and collect their contact details if you need them to make a statement.
- Take Pictures of the Scene—if possible, record the scene of the incident to collect photographic and video evidence.
- Complete Your Workers’ Compensation Claim—if you are eligible for workers’ compensation benefits, the Workers’ Compensation Board sets out details of what you need to do to file a claim.
- Keep Evidence of Your Medical Records—be sure to compile itemized receipts for any necessary expenses incurred for the treatment related to your construction accident.
- Contact a Construction Accident Lawyer— you may find it helpful to seek legal advice about all the options available to you for taking legal action and pursuing potential compensation.
Who is liable for injuries on a Bronx construction site?
On a construction site, property owners and general contractors are legally obligated to act in a way that avoids placing construction workers in harm’s way.
This obligation to provide “reasonable and adequate protection” is also known as a duty of care. Someone who breaches this duty of care by failing to stop foreseeable injury is said to be negligent.
How do I prove negligence in a Bronx construction accident?
To proceed with a construction accident case, there are 3 key elements you must prove:
- The defendant owed you a duty of care
- The defendant violated this duty in some way
- That your injuries directly resulted from the defendant’s negligence
What types of compensation are available for victims of Bronx construction accidents?
Initially, you may obtain benefits under a workers’ compensation insurance policy. This includes eligibility to claim for:
- Health care expenses
- Cash payments for lost wages
- Survivor benefits for a deceased worker’s family
Outside of workers’ compensation, you could file a personal injury lawsuit against your negligent employer. Other than wrongful death, some of the most common types of personal injury claims relate to:
- Severe psychological distress
- Traumatic brain injuries
- Soft tissue injuries
- Spinal cord injuries
- Broken bones
- Burn injuries
- Chronic pain
- Diminished quality of life
If a defective product is responsible for your injury, you could also sue the product’s manufacturer under product liability law. Unlike standard personal injury claims, your claim would only require proof that the product in question was defective and that the defect caused your injuries.
In the aforementioned scenario, the manufacturer is subject to strict liability, which means that unless you were the negligent party, there would be no reduction in the potential damages award.
In New York State, construction accidents can also fall under premises liability law under New York Labor Laws, specifically Section 240 (the “Scaffolding Law”) and Section 241 (the “Safe Place to Work Law”). In these cases, property owners are also subject to strict liability for accidents at their construction sites.
How long do I have to file a construction accident claim in the Bronx?
Under New York Civil Practice Laws & Rules section 214, the statute of limitations for adult plaintiffs is three years from the date of the accident, unless your claim is against New York’s government. Different rules apply across cases, as these claims are governed by Section 50-E of the New York General Municipal Law.
In those cases, you will need to file a claim with the relevant governing entity within 90 days from the time of the incident. After that, you must then file a lawsuit within 1 year and 90 days.
If the incident resulted in your loved one’s death and you are claiming on behalf of their estate, you have 2 years to file a lawsuit against the negligent party under Chapter 17-B of New York’s Estates, Powers & Trusts (EPT) laws.
How can the construction accident lawyers at Meirowitz & Wasserberg, LLP help me?
At Meirowitz & Wasserberg, our experienced construction accident lawyers can thoroughly investigate your accident, determine each party’s liability, and guide you through the legal process. We are a team of reliable and hard-working personal injury lawyers who have recovered millions on behalf of our clients—and we can do the same for you.
Some of our recent results include:
- A $675,000 Products Liability settlement for a critically injured client
- A $550,000 Premises Liability settlement for a client who suffered a severed fingertip
- A $235,000+ Slip & Fall settlement for a client who sustained a jaw fracture
Contact us today. We are available 24/7 for a free consultation.
332 E. 149th St., Suite 201
Bronx, NY 10451